Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Syrian Arab Republic (Ratification: 1960)

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s statement that Syrian legislation (sections 489, 490, 492, 510 and 511 of the Penal Code of 1949, as amended) protects women against all forms of violence, rape and moral wrongdoing and that no cases of sexual harassment exist in the country. The Committee points out that that the absence of sexual harassment complaints may not necessarily be an indication of its non-existence. In reality, the sensitivity of the issue, the lack of awareness and knowledge amongst male and female workers on what constitutes sexual harassment as well as a victim’s reluctance to file a complaint on this practice may contribute to the false impression that sexual harassment in the workplace hardly occurs. The Committee, therefore, asks the Government to provide information in its next report on the measures taken to raise awareness and increase the knowledge about sexual harassment among male and female workers and employers, including the results achieved.

2. Equality of opportunity between men and women. The Committee notes that the Government in its report to the Committee on Human Rights (CCPR/C/SYR/2004/3, 19 October 2004) states that, within the family, the respective roles of husband and wife differ in view of the special nature of women, which is necessary for the perpetuation of human life (menstruation, pregnancy, childbirth and breastfeeding) and which entails certain rights and precludes engagement in certain occupations. The report also states that, with regard to provisions related to child custody, section 139 of the Personal Status Act provides that "a female custodian shall not be precluded on account of having a job as long as such a job does not interfere with her ability to provide care in an acceptable manner", a restriction which does not appear to apply to male custodians. The Committee is concerned that this provision may negatively impact on women’s equal participation in and free choice of employment, which would be contrary to the Convention. It therefore requests the Government to indicate in its next report: (a) the number of women that have left their employment in order to get custody of their children and the types of occupations they were engaged in; and (b) the specific measures taken to help workers with family responsibilities, and especially female custodians, to maintain their employment and combine work and family responsibilities. Please also indicate, through legislative provisions or otherwise, which occupations women would be precluded from engaging in on the basis of their reproductive and maternal role.